0001564590-20-023089 Sample Contracts

SENIOR SECURED REVOLVING CREDIT FACILITY CREDIT AGREEMENT
Credit Agreement • May 8th, 2020 • Benefitfocus,Inc. • Services-prepackaged software • New York
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EIGHTH Amendment Agreement
Credit Agreement • May 8th, 2020 • Benefitfocus,Inc. • Services-prepackaged software • New York

This Eighth Amendment Agreement (this “Amendment”) is entered into this 19th day of December 2018, by and among BENEFITFOCUS, INC., a Delaware corporation (the “Parent”), BENEFITFOCUS.COM, INC., a South Carolina corporation (“Benefitfocus.com”), and BENEFITSTORE, INC., a South Carolina corporation (“BenefitStore”, and together with the Parent and Benefitfocus.com, each individually, a “Borrower”, and collectively, the “Borrowers”), the several banks and other financial institutions or entities party hereto (each a “Lender” and, collectively, the “Lenders”), and SILICON VALLEY BANK, as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).

SEVENTH Amendment Agreement
Seventh Amendment Agreement • May 8th, 2020 • Benefitfocus,Inc. • Services-prepackaged software

This Seventh Amendment Agreement (this “Amendment”) is entered into this 29th day of March 2018, by and among BENEFITFOCUS, INC., a Delaware corporation (the “Parent”), BENEFITFOCUS.COM, INC., a South Carolina corporation (“Benefitfocus.com”), and BENEFITSTORE, INC., a South Carolina corporation (“BenefitStore”, and together with the Parent and Benefitfocus.com, each individually, a “Borrower”, and collectively, the “Borrowers”), the several banks and other financial institutions or entities party hereto (each a “Lender” and, collectively, the “Lenders”), and SILICON VALLEY BANK, as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).

SIXTH Amendment Agreement
Sixth Amendment Agreement • May 8th, 2020 • Benefitfocus,Inc. • Services-prepackaged software

This Sixth Amendment Agreement (this “Amendment”) is entered into this 26th day of April 2017, by and among BENEFITFOCUS, INC., a Delaware corporation (the “Parent”), BENEFITFOCUS.COM, INC., a South Carolina corporation (“Benefitfocus.com”), and BENEFITSTORE, INC., a South Carolina corporation (“BenefitStore”, and together with the Parent and Benefitfocus.com, each individually, a “Borrower”, and collectively, the “Borrowers”), the several banks and other financial institutions or entities party hereto (each a “Lender” and, collectively, the “Lenders”), and SILICON VALLEY BANK, as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).

FOURTH Amendment Agreement
Fourth Amendment Agreement • May 8th, 2020 • Benefitfocus,Inc. • Services-prepackaged software

This Fourth Amendment Agreement (this “Amendment”) is entered into this 28th day of October, 2016, by and among BENEFITFOCUS, INC., a Delaware corporation (the “Parent”), BENEFITFOCUS.COM, INC., a South Carolina corporation (“Benefitfocus.com”), and BENEFITSTORE, INC., a South Carolina corporation (“BenefitStore”, and together with the Parent and Benefitfocus.com, each individually, a “Borrower”, and collectively, the “Borrowers”), the several banks and other financial institutions or entities party hereto (each a “Lender” and, collectively, the “Lenders”), and SILICON VALLEY BANK, as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).

Guarantee and Collateral Agreement
Guarantee and Collateral Agreement • May 8th, 2020 • Benefitfocus,Inc. • Services-prepackaged software • New York

This GUARANTEE AND COLLATERAL AGREEMENT (this “Agreement”), dated as of March 3, 2020 is made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, each a “Grantor” and, collectively, the “Grantors”), in favor of SILICON VALLEY BANK, as administrative agent and collateral agent (together with its successors, in such capacities, the “Administrative Agent”) for the banks and other financial institutions or entities (each a “Lender” and, collectively, the “Lenders”) from time to time party to that certain Credit Agreement, dated as of the date hereof (as amended, amended and restated, supplemented, restructured or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), among BENEFITFOCUS, INC., a Delaware corporation (“Parent”), BENEFITFOCUS.COM, INC., a South Carolina corporation (“Benefitfocus.com”), and BENEFITSTORE, INC., a South Carolina corporation (“BenefitStore”, and together with Parent and

BENEFITFOCUS.COM, INC. EMPLOYMENT AGREEMENT
Employment Agreement • May 8th, 2020 • Benefitfocus,Inc. • Services-prepackaged software • South Carolina

THIS AGREEMENT (the “Agreement”), is made and entered into this 1st day of January 2020, by and between: Benefitfocus.com, Inc., having its principal place of business at 100 Benefitfocus Way, Charleston, SC 29492, (hereinafter referred to as “Benefitfocus”) and Annmarie Fini whose present address is: 808 Beckon Street, Charleston, SC (hereinafter referred to as the “Associate”).

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